People v. Burney

32 A.D.3d 1366 Court N.Y. App. Div. Decision date 2006-09-29 English

Contents

Majority

p. 1366

The People of the State of New York, Respondent, v Hernando Burney, Appellant.

[821 NYS2d 501]

Motion for reargument granted and, upon reargument, the memorandum and order entered June 9, 2006 ( 30 AD3d 1082 ) is amended by deleting the text “, i.e., the mistaken belief that defendant was a second felony offender” from the first sentence of the memorandum. Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.